Trusts in American law and some of their substitutes in Spanish law: Part II

The first part of this article examined, from a US point ofview, the principal uses of trusts and now this second partdescribes aspects of Spanish law which provide similar facilitiesfor investors, before concluding that none of the tools availablein Spanish law fulfil all the functions of trusts and that theintroduction of a trust law into Spanish law would not be simple.     

TO RECOMMEND OR NOT TO RECOMMEND: THAT IS NOT THE QUESTION

Tippins and Wittmann provide a cogent argument for custody evaluators not to make recommendations to the court. From their forensic and scientific perspectives, they have identified some important issues, which will certainly stimulate interesting discussion among custody evaluators. In response to their article, it is my view that public sector custody evaluations offer a philosophical and procedural alternative to forensic evaluations. This article proposes that recommendations should be viewed as part of the process of evaluations rather than the outcome. Based on a qualitative and interpretive model, recommendations are judged based on their applicability, transferability, and transparency. Recommendations viewed in qualitative terms provide parents with opportunities to step out of litigation and provide guidance for parents' ongoing roles postseparation.     

Crime victimization, alcohol consumption, and drug use in Canadian public housing

This exploratory study attempted to deal with the surprisingly small amount of scientific study of crime victimization specifically on public housing estates, particularly in Canada. In this study, 325 public housing residents in six estates in an Eastern Ontario urban center filled out survey questionnaires, while fifty-one were interviewed. Compared to the United States, there were significantly fewer single mothers and significantly more Whites. Predatory crime victimization was reported by these residents at a much higher level than for the general population in other Canadian or U.S. surveys. Still, males and youth were the residents most at risk for predatory crime victimization and substance abuse.     

Local Transportation Sales Taxes: California's Experiment in Transportation Finance

Over the last 25 years, voters in 20 California counties approved “local transportation sales taxes” to pay for transportation projects. A growing source of revenue, they generate roughly $2.5 billion per year. Four features explain their popularity: they require direct voter approval; funds are raised and spent within the counties that enact them, so voters experience benefits directly; most automatically expire; and they usually specify the improvements to be financed. These taxes are an important revenue source, but tend to favor capital investments over operations and maintenance. They have enhanced local governments' decision‐making authority, but may have made regional transportation planning in multicounty regions more difficult to achieve.     

The Beating of Rodney King: The Dynamics of Backfire

The 1991 beating of Rodney King by Los Angeles police provides rich case material in how an attack perceived as unjust can backfire. Drawing on nonviolence theory, an original framework is developed to analyze attacks as potential backfires that are usually, but not always, inhibited. Attackers can use a variety of methods to inhibit backfires, including covering up the attack, devaluing the target, reinterpreting the events, using official channels, and using intimidation and bribery. Writings on the Rodney King beating include evidence on the use of each of these methods. Studying the backfire process offers improved understanding on how to oppose unjust attacks.     

When Politics Matters: The Impact of Politicians' and Bureaucrats' Preferences on Salient and Nonsalient Policy Areas

For three decades, the “politics matters” literature has found that political ideology is an important explanation of public policy. However, this literature systematically fails to include the influence of the bureaucracy. In fact, it is almost impossible to identify a single study in this literature that controls for the influence of the permanent bureaucracy. In this article, we investigate whether politics still matters when bureaucratic preferences are taken into account. We do this in a simultaneous test of political and bureaucratic influences on public budgets, a policy measure often studied in the “politics matters” literature. We find that political preferences trump bureaucratic ones in policy areas salient to the public but not in less salient areas. This might be comforting news from a democratic perspective. However, as public budgets represent an easy case for political influence, it is food for thought that political preferences do not always prevail.